Re: Licensing, distributing Apple II system software, andIIcomputing

[Rubywand <rubywand@swbell.net>]

Eric Shepherd writes ...
> 
> in article 39DC1794.1F14B757@swbell.net, Rubywand at rubywand@swbell.net
> wrote on 10/4/00 10:54 PM:
> 
> > While excluding DOS 3.3 seems pretty
> > dumb, it is not an impossibility. The
> > exclusion would, however, constitute an odd
> > amendment to the User Group Software
> > Distribution> Agreement presented at 
> > http://developer.apple.com/mkt/swl/pdf/UserGroupSDA.pdf
> > .
> 
> This is the same agreement I signed.  However, the agreement also states
> that items in the exhibit to which you refer may only be distributed if
> they are obtained from a disk sent by Apple
> to the licensee or by downloading the software from Apple's FTP
> server.  I'm not permitted to download them from other sites,
> or archive up a copy of my own to distribute.  I asked Apple
> about that as well and they made it quite clear to me.
> 
> Since DOS 3.3 has not been sent to A2Central.com by Apple, and it is not
> available on their site for download, A2Central.com is therefore not
> allowed to distribute it.
> 
 ....

     According to the agreement itself, you are allowed to distribute the
designated software if, among several options, the copies are obtained
through your "normal Apple purchasing channel". Obviously, for DOS 3.3, this
could include many sources.

     The objections/prohibitions you mention must be viewed as actual
modifications to the agreement by those you are consulting. Of course, as
Apple's representatives, they can do pretty much as they please. If 'Apple'
is determined to see that you do not have a license to distribute DOS 3.3,
then, that's that.

     The 'good news' may be that the limitation is not so pervasive as it
seems. Apple can say that you do not have a license to distribute DOS 3.3
system masters and, evidently, say the same for new software on bootable DOS
3.3 disks. On the other hand, distributing old commercial wares which include
DOS 3.3 should not violate your license. There are sure to be several such
products which have been reclassified for free distribution.

     Probably, your best bet for getting a good 'DOS 3.3' to your members is
one of Beagle's Prontodos disks. 



Rubywand